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Oregon Revised Statutes

Or. Rev. Stat. § 133.535 (2026)

Permissible objects of search and seizure

✓ current as of May 2026
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      133.535 Permissible objects of search and seizure. The following are subject to search and seizure under ORS 133.525 to 133.703:

      (1) Evidence of or information concerning the commission of a criminal offense;

      (2) Contraband, the fruits of crime, or things otherwise criminally possessed;

      (3) Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense; and

      (4) A person for whose arrest there is probable cause or who is unlawfully held in concealment. [1973 c.836 §82]

Notes of Decisions
Cited in 59 cases (7 in the last 5 years), 1974–2025 · leading case: State v. Jordan, 605 P.2d 646 (Or. 1980).
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State v. Jordan, 605 P.2d 646 (Or. 1980). · cites it 8× “ORS 133.535 provides, in part: *648 "The following are subject to search and seizure under [statutes authorizing search warrants]: "* * * * * "(4) A person for whose arrest there is probable cause or who is unlawfully held in concealment.”
State v. Weist, 730 P.2d 26 (Or. 1986). · cites it 10× “1 The search warrant statute in question, ORS 133.535, provides: “The following are subject to search and seizure under ORS 133.”
State v. Carter/Grant, 848 P.2d 599 (Or. 1993). · cites it 6× “555(2) provides: " If the judge finds that the application meets the requirements of ORS 133.535 and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to…”
State v. Rodgers, 227 P.3d 695 (Or. 2010). · cites it 2× “"(e) May request consent to search in relation to the circumstances referred to in paragraph (c) of this subsection or to search for items of evidence otherwise subject to search or seizure under ORS 133.535. "(f) May use the degree of force reasonably necessary to make the stop…”
State v. Cromwell, 820 P.2d 888 (Or. Ct. App. 1991). · cites it 8× “072, [2] ORS 133.535, [3] ORS 167.247 and the automobile exception.”
State v. Greene, 591 P.2d 1362 (Or. 1979). · cites it 4× “655 (authorizes officers and merchants to detain persons on reasonable cause to believe they have committed or attempted theft in a store); ORS 133.535 (lists permissible objects of search and seizure including "a person for whose arrest there is probable cause"); ORS 133.”
State v. Moylett, 836 P.2d 1329 (Or. 1992). · cites it 4× “555(2) provides: "If the judge finds that the application meets the requirements of ORS 133.535 and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to seizure…”
State v. Bray, 383 P.3d 883 (Or. Ct. App. 2016). · cites it 3× “The court noted that, in its opinion, the state’s belief was not correct, because ORS 133.535(1) authorizes a warrant to obtain “information concerning the commission of a criminal offense.”
State v. Makuch, 136 P.3d 35 (Or. 2006). · cites it 6× “535, the files, papers, effects or work premises of a lawyer relating to the provision of legal service by the lawyer shall not be subject to search or seizure by any law enforcement officer, either by search warrant or otherwise. “(2) The provisions of subsection (1) of this…”
State v. Watson, 305 P.3d 94 (Or. 2013). · cites it 2× ““(4) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535. “(5) A peace officer making a stop may use the…”
State v. Westlund, 705 P.2d 208 (Or. Ct. App. 1985). · cites it 4× “However, if the officers had probable cause to believe that the vials or their contents were subject to seizure under ORS 133.535, [6] the officers could seize them, either because there were exigent circumstances or as incident to a presumed arrest on a possession charge.”
State v. Florance, 527 P.2d 1202 (Or. 1974). · cites it 4× “See also ORS 133.535. To the same effect, see State v.”
Show all 59 citing cases →
— Or. Rev. Stat. § 133.535(1) — 7 cases
State v. Bray, 383 P.3d 883 (Or. Ct. App. 2016). “The court noted that, in its opinion, the state’s belief was not correct, because ORS 133.535(1) authorizes a warrant to obtain “information concerning the commission of a criminal offense.”
State v. James, 560 P.3d 747 (Or. Ct. App. 2024).
State v. DeKuyper, 703 P.2d 261 (Or. Ct. App. 1985).
State v. Weist, 720 P.2d 753 (Or. Ct. App. 1986).
State v. James, 336 Or. App. 55 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 133.535(2) — 4 cases
State v. Cromwell, 820 P.2d 888 (Or. Ct. App. 1991). “072, [2] ORS 133.535, [3] ORS 167.247 and the automobile exception.”
State v. Smalley, 225 P.3d 844 (Or. Ct. App. 2010).
State v. Weaver, 598 P.2d 308 (Or. Ct. App. 1979).
State v. Terry, 587 P.2d 1033 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 133.535(3) — 1 case
State v. Cromwell, 820 P.2d 888 (Or. Ct. App. 1991). “072, [2] ORS 133.535, [3] ORS 167.247 and the automobile exception.”
— Or. Rev. Stat. § 133.535(4) — 2 cases
State v. Jordan, 605 P.2d 646 (Or. 1980). “ORS 133.535 provides, in part: *648 "The following are subject to search and seizure under [statutes authorizing search warrants]: "* * * * * "(4) A person for whose arrest there is probable cause or who is unlawfully held in concealment.”
State v. DeKuyper, 703 P.2d 261 (Or. Ct. App. 1985).
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